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Planning appeal decision

Dismissed14 July 20213220179

Star Mobile Home Park, Lawn Lane, Coven, South Staffordshire, WV9 5AY

Planning appeal 3220179 at Star Mobile Home Park, Lawn Lane, Coven, South Staffordshire, WV9 5AY (South Staffordshire District Council) was dismissed on 14 July 2021 by Inspector Savage M, following an inquiry. The main issue, as the Inspector framed it: whether the Council's decision to refuse to grant a LDC was well-founded.

storage of building and other materials and horticultural waste in connection with the day to day use of the adjoining land known as The Star Mobile Home Park. The use is not a separate storage use, but is ancillary to the use of the adjoining caravan park

Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
other · Major general industry/storage/warehousing
Inspector
Savage M
Postcode
WV9 5AY

Main issues, as the Inspector framed them

  • whether the Council's decision to refuse to grant a LDC was well-founded

What decided it

The appellant failed to demonstrate, on the balance of probabilities, that the storage use had continued without significant interruption throughout the required 10-year period, particularly due to a marked reduction in activity between 2013 and 2016.

What the Inspector cited

Judgments
Harrods v SSETR [2002] JPL 1258; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; [2006] JPL 886; Islington LBC v SSHCLG & Maxwell Estates [2019] EWHC 2691 (Admin); Panton & Farmer V. Secretary of State for the Environment, Transport & the regions and Vale of White Horse District Council [1999] 78 P&CR 186

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in South Staffordshire District Council

The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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